5 People Who Can File a Wrongful Death Lawsuit in California
Legally reviewed by: Jessica Anvar Stotz, JD, MBA
In California, a wrongful death claim can be filed when a person dies as a result of the wrongful act or negligence of another person or entity.
The purpose of a wrongful death claim is to compensate the surviving family members for their losses, such as the loss of financial support, companionship, and guidance, that resulted from the death of their loved one.
The damages that can be awarded in a wrongful death claim can include compensation for economic losses, such as medical and funeral expenses, as well as non-economic losses, such as emotional distress and loss of companionship.
By allowing immediate family members to file a wrongful death claim, California law seeks to provide some measure of financial and emotional support to those who have suffered the loss of a loved one due to the negligence or wrongful act of another.
Below are the five types of people who can file a wrongful death claim according to California law.
Who Can File a Wrongful Death Lawsuit in California Overview
1.) Immediate Family Members
The immediate family members of the deceased, such as their spouse, children, and parents, are usually the first to have the legal right to file a wrongful death claim.
Under California law, immediate family members have the legal right to file a wrongful death claim because they are considered to be the individuals who are most directly affected by the death of a loved one.
2.) Life Partners and Financial Dependents
Under California law, life partners and financial dependents may have the right to file a wrongful death claim if they can demonstrate that they were financially dependent on the deceased person and that they were in a relationship that was equivalent to a marriage or domestic partnership.
California law recognizes that individuals who were in long-term committed relationships, but who were not legally married or in a registered domestic partnership, may have the same financial and emotional dependence on each other as married couples.
Therefore, if a person was financially dependent on the deceased, but was not a legal spouse or registered domestic partner, they may still be able to file a wrongful death claim if they can show that their relationship was equivalent to a marriage or domestic partnership.
Similarly, financial dependents who were not related to the deceased by blood or marriage may be able to file a wrongful death claim if they can demonstrate that they were financially dependent on the deceased person for support. This could include individuals such as stepchildren, foster children, or other individuals who relied on the deceased for financial support.
In these cases, the damages that can be awarded in a wrongful death claim may include compensation for the financial losses that resulted from the death of the deceased, such as lost income and support, as well as compensation for non-economic losses, such as the loss of companionship and emotional support.
By allowing life partners and financial dependents to file wrongful death claims, California law seeks to provide some measure of financial and emotional support to those who have suffered a significant loss as a result of the wrongful death of a loved one.
3.) Distant Family Members
In California, distant family members may have the right to file a wrongful death claim if they can demonstrate that they were financially dependent on the deceased person and that they were related to the deceased person in a way that would have entitled them to inherit from the deceased person’s estate if the deceased person had died without a will.
Under California’s intestacy laws, if a person dies without a will, their assets are distributed to their closest living relatives in a specific order of priority.
Distant family members who are related to the deceased person in this way may be entitled to inherit from the deceased person’s estate, and therefore, they may also have the right to file a wrongful death claim if they can demonstrate financial dependence on the deceased.
Examples of distant family members who may be able to file a wrongful death claim include siblings, grandparents, aunts, uncles, and cousins.
However, it is important to note that the rules governing who can file a wrongful death claim can vary depending on the circumstances of the case and the specific laws of the state where the claim is being filed.
If a distant family member is able to successfully file a wrongful death claim in California, they may be able to recover damages for their financial losses resulting from the death of the deceased person, as well as for their emotional distress and loss of companionship.
The purpose of allowing distant family members to file wrongful death claims is to ensure that those who have suffered a significant loss as a result of the wrongful death of a loved one are able to receive some measure of financial and emotional support.
4.) Legal Representatives
In California, the executor or administrator of the deceased person’s estate may have the right to file a wrongful death claim on behalf of the estate.
The purpose of allowing legal representatives to file wrongful death claims is to ensure that the deceased person’s estate is able to seek compensation for any losses resulting from the wrongful death.
The executor or administrator of the estate is responsible for managing the deceased person’s assets and debts, and they have a legal obligation to act in the best interests of the estate.
If the deceased person had a potential wrongful death claim at the time of their death, the executor or administrator may be able to pursue that claim on behalf of the estate.
The damages that can be awarded in a wrongful death claim on behalf of the estate may include compensation for any financial losses suffered by the estate as a result of the death, such as medical expenses and funeral costs.
Additionally, the estate may be able to seek compensation for any non-economic losses suffered by the deceased prior to their death, such as pain and suffering.
It is important to note that the damages recovered in a wrongful death claim on behalf of the estate are typically distributed to the beneficiaries of the estate according to the deceased person’s will or according to California’s intestacy laws if the deceased person did not have a will.
Therefore, allowing legal representatives to file wrongful death claims helps to ensure that the deceased person’s estate is able to seek compensation for any losses resulting from the wrongful death, and that the beneficiaries of the estate are able to receive their fair share of any damages awarded.
5.) Named Beneficiaries
In California, named beneficiaries may have the right to file a wrongful death claim if they can demonstrate that they were named as a beneficiary in a life insurance policy or other contract with the deceased person that provided for a death benefit.
For example, if the deceased person had a life insurance policy that named a specific person as the beneficiary, that person may be able to file a wrongful death claim if the deceased person’s death was caused by the wrongful act of another person or entity.
The purpose of allowing named beneficiaries to file wrongful death claims is to ensure that those who have a direct financial interest in the death of the deceased person are able to seek compensation for their losses. If the named beneficiary is able to successfully pursue a wrongful death claim, they may be able to recover damages for the death benefit provided by the life insurance policy or other contract.
It is important to note that the damages recovered in a wrongful death claim by a named beneficiary are separate from any damages that may be awarded to the deceased person’s estate or other family members.
The purpose of allowing named beneficiaries to file wrongful death claims is to ensure that those who have a direct financial interest in the death of the deceased person are able to seek compensation for their losses, in addition to any damages that may be awarded to other parties.
Filing Your Claim
Losing a loved one is never easy and we believe you deserve justice. If you are considering filing a wrongful death claim, we’re here to help. LawLinq is a free service to use and we’re able to connect you with some of the best wrongful death attorneys in the state.
Let an attorney worry about the legal process during this trying time. We’re here to lend a helping hand when you need it. Contact us anytime.
